54Decision on application

54  Decision on application

 (1) The ACMA must make a decision to approve or not to approve an application made by a registered carriage service provider under section 53 no later than 60 business days after receiving the application.

 (2) Unless subsection 54(3) applies, the ACMA may approve an application if the ACMA is satisfied that it is appropriate to do so in all the circumstances.

(3) Subject to subsection (4), if the application relates to a freephone or local rate number and is made:

(a)      by the registered carriage service provider that was the last registered carriage service provider who held the number; and

(b)      for the purpose of issuing the number to the customer that was the last customer to whom the number was issued;

the ACMA must approve the application.

 (4) However, the ACMA must decide not to approve an application that identifies the number or numbers that the registered carriage service provider wishes to be allocated if:

 (a) the identified numbers are not numbers of the type to which the application relates; or

 (b) the identified numbers are held by a carriage service provider.

 (5) If the ACMA receives more than one request for allocation of the same number, the ACMA must make a decision on the requests in the order that the requests were received, unless the circumstances in subsection (3) apply.

 (6) Despite subsections 53(6) and (7), the ACMA may regard an application as complete for the purposes of subsection (1) if the circumstances in subsection 54(3) apply and:

(a)      the ACMA has determined in writing that this subsection applies to the registered carriage service provider; and

(b)      the ACMA has not revoked the determination.

 (7) If the ACMA does not make a decision within the period required under subsection (1), the ACMA is taken to have made a decision to refuse the application under subsection (1).